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Worthless ex-teachers have no right to
re-employment: Court
Sunday April 01, 2012 04:18:14 PM,
Garima Tyagi,
IANS
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New Delhi:
"Worthless" school teachers cannot claim a right to re-employment
after retirement, the Delhi High Court has said.
The court's observation came while rejecting petitions of two
retired Delhi Public School teachers who alleged they were not
considered for re-employment despite a 2007 notification of the
directorate of education on the issue.
"The notification is not intended to force upon the educational
institutions teachers who are worthless and who have lost their
utility and who are standing in the way of fresh blood being
inducted into the institution," the court said.
The notification ought to be read as an incentive to teachers for
improving their performance if they wanted to avail themselves of
the job extension, the court observed.
"The notification seeks to grant a concession enabling the schools
to re-employ the teachers and cannot be treated as conferring any
rights on the teachers to continue in employment till the age of
62 years," said the bench of Acting Chief Justice A.K. Sikri and
Justice R.S. Endlaw in an order delivered March 28.
"The benefit of the notification is intended for those who have
the potential for continued useful service to the institution.
Non-grant of re-employment does not cast any stigma," said the
judges, dismissing the plea of Shashi Kohli and Chander Prabha
Sood.
"If the notification is read as conferring a right on the
teachers, the same is likely to affect the standards of teaching
in education and which we are not inclined to encourage," the
court said.
The education directorate Jan 29, 2007, issued the notification
asking schools to consider the re-employment of retiring teachers
against clear vacancy.
It also permitted the schools to assess the professional fitness
and vigilance clearance of the retiring teachers before
re-employment.
The two petitioners had challenged the court's earlier order
dismissing their plea.
The retired teachers contended that the government order made it
mandatory for schools to offer them a job post-retirement till the
age of 62.
The school denied them re-employment, saying the notification was
not applicable to private unaided schools.
The school alleged that the two teachers had an improper style of
teaching, remained absent from duty without prior sanction and did
not attend meetings.
(Garima Tyagi can be contacted at garima.t@ians.in)
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